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NOTICE OF MOTION

M/s. Kannamwar Nagar 2 Grahak Sahakari Bhandar Maryadit Co-operative SocietyVsM/s. M.S. Enterprises +2 more

CNR MHCC0101093420199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 22nd January 2024

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103956/2019
Registration Date
24 Oct 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 06-02-2020
    Business: None from plaintiff.
    Adv.  Naidu for defendant no.1 to 3 is present. He filed affidavit in reply. t.o.r. He submitted that copy is served on advocate of the plaintiff.
    Matter is adjd.  for  service to  16/03/2020.
    Next Purpose: SERVICE
    Next Hearing Date: 16-03-2020
    
    Date: 16-03-2020
    Business: Due to direction to combat Corona virus, board is discharged as
    only matters for argument are taken up.
    Matter is adjd. to 16.06.2020.
    Next Purpose: SERVICE
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 16-10-2020
    
    Date: 16-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 05-11-2020
    
    Date: 05-11-2020
    Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
    Matter is adjd.to 12.02.2021.
    Next Purpose: SERVICE
    Next Hearing Date: 12-02-2021
    
    Date: 12-02-2021
    Business: None for plaintiff.
    Adv. Mr. V. Bragowga I/b Adv. Y .C Naidu  for defendants No.1 to 3.
    Last chance is granted to the plaintiff to tender registered NM. If he fails to file registered NM on the next date, NM will be dismissed for default.
    Matter is adjd. to 28/04/2021 for tendering registered NM.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 28-04-2021
    
    Date: 28-04-2021
    Business: due to covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 05-07-2021
    
    Date: 05-07-2021
    Business: due to covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 20-08-2021
    
    Date: 20-08-2021
    Business: court is on leave
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-10-2021
    
    Date: 27-10-2021
    Business: None present for plaintiff.
    Adv Neeraj Vasudeo alongwith Advocate Yogesh Naidu for defendant no. 1 to 3 present.
    Matter is adjd. to 22-12-2021
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 22-12-2021
    
    Date: 22-12-2021
    Business: As Court is busy in hearing arguments on  St.No.11239/21 and St. No.6029/2021.  Hence, board is discharged.
    Matter is adjd. to 17.02.2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-02-2022
    
    Date: 17-02-2022
    Business: None present for the plaintiff.
    Adv Mr.Bhatia for defendant present.
    Ld advocate for defendants submits that the A.O. filed plaintiff before Hon\''ble High Court is dismissed. Therefore, this motion in not maintainable. Plaintiff has not tendered the motion also.  In the circumstances if plaintiff fails to appear before the Court on next date and tender registered NM and conduct NM hearing, the NM will be dismissed in default.
    Matter is adjd. to 08.04.2022 for NM hearing/ tendering register NM/dismissal.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: Adv. Gada for defendant no. 1 to 3 present.
    Society committee member Mr. Arun Rawale present and he submits that earlier chairman has resigned and plaintiff is about to change their advocate and seeks date.
    Matter is adjd. to 13-06-2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-06-2022
    
    Date: 13-06-2022
    Business: Adv. Nitin Parkhe for plaintiff and he undertakes to file V/P one next date.
    Adv. Yogesh Naydu for defendant no. 1 ,2 ,3 present and submitted that there is urgency  hence  keep this matter early date
    Matter is adjd. to 21-06-2022 for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-06-2022
    
    Date: 21-06-2022
    Business: Adv. Mr.Yogesh Naidu for defendant no. 1 to 3 present.
    Adv. Mr. Parkhe for Plff. present and he undertakes to file vakalatnama on behalf of plff.  on next date.
    Matter is adjd. to 07-07-2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-07-2022
    
    Date: 07-07-2022
    Business: Vakalatnama filed by Advocate Nitin Pakhale for plaintiff, TOR and marked as Exh.2.
    Plaintiff\''s advocate submitted that he registered NM and it missing from his file.
    Matter is adjd. to 18/08/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: Plaintiff absent.
    Defendant no. 1 to 4 are present.
    Adv. Mr. Sunil Gada and Adv. Rajvi Dodhia I/b Yogesh Naidu for defendant nos. 1 to 3 is present.
    Writ received from Hon\''ble Bombay High Court in Civil application No. 181 / 2019 in Appeal from order no. 436 / 2019 alongwith order dated 22.7.2022.
    Matter is adjd. to 23.9.2022 for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-09-2022
    
    Date: 23-09-2022
    Business: None present for plaintiff.
    Partner of deft.no. 1 present.
    Adv. Naydu for deft. No. 1 to 3 present.
    Matter is adjd. to 01.10.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-10-2022
    
    Date: 01-10-2022
    Business: Adv. Nitin Parkhe for plaintiff present and filed application Marked as Exh.3 for reconstruct the file of Notice of Motion as it is losses. The copy of application served to defendant No. 2 and 3.
    Adv. Yogesh Naidu for defendant No. 1 to 3 present and submitted that he has no objection to reconstruct the NM.
    Considering the reason mentioned in the application and no objection plaintiff is permitted to reconstruct the Notice of Motion.
    The other defendants are not contested deft to the NM No. 3956/19.
    KB for
    Heard Ld. Advocate of plaintiff and Defts.
    Matter is adjd. to 13.10.2022 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 13-10-2022
    
    Date: 13-10-2022
    Business: Adv. Nitin Parkhe for plaintiff present.
    Mr. Arun Rawate, Chairman of Plaintiff present.
    Adv. Sanil Gada for defendant Nos. 1 to 3 present.
    Matter is adjd. to 04.11.2022 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 04-11-2022
    
    Date: 04-11-2022
    Business: Court is on leave.
    Hence, Matter is adjourned to next date.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 16-11-2022
    
    Date: 16-11-2022
    Business: As Court is on leave. Hence, board is discharged and matter adjd. to
    Next Purpose: NM  ORDERS
    Next Hearing Date: 02-12-2022
    
    Date: 02-12-2022
    Business: Chairman of Plaintiff present.
    Adv. Souptik Mukherji a/w Adv. Talha Siddiqui for defendant Nos. 1 to 3 present.
    Matter is adjd. to 09.12.2022 for Re-arguments.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 09-12-2022
    
    Date: 09-12-2022
    Business: Adv. Nitin Parkhe for plaintiff present.
    Adv. Yogesh Naidu, Adv. Sanil Gada and Adv. Talha Siddique for defendant nos. 1 to 3 present.
    Heard Both the sides.
    Matter is adjd. to 13.12.2022 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 13-12-2022
    
    Date: 13-12-2022
    Business: As Court is busy in hearing arguments and order in Suit No. 2743/22 and 2744/22.
    Matter is adjourned to 03.01.2023 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 03-01-2023
    
    Date: 03-01-2023
    Business: None present for plaintiff.
    Adv. Sanil Gada for defendant nos. 1 to 3 present.
    Matter is adjourned to 17.01.2023 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 17-01-2023
    
    Date: 17-01-2023
    Business: Court is on Leave.
    Hence, Board is discharged.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-02-2023
    
    Date: 06-02-2023
    Business: None present for Plaintiff.
    Adv. Gada for Defendant Nos. 1 to 3 present.
    As Court is busy in dictating order in Notice of Motion  No. 816 of 2022 in Suit No. 3018/2022. Hence, Matter is adjourned to 23.02.2023 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 23-02-2023
    
    Date: 23-02-2023
    Business: None present for plaintiff.
    Adv. Salil Gada for defendant Nos. 1 to 3 present.
    Matter is adjourned to 27.03.2023 for NM orders.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 27-03-2023
    
    Date: 27-03-2023
    Business: Adv. Parkhe for plaintiff present.
    Adv. Gada for defendant Nos. 1 to 3 present.
    As Court is busy dictating order in Chamber Summons No. 432/23 in Suit No. 1447/11. Hence, Matter is adjourned to 19.04.2023 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 19-04-2023
    
    Date: 19-04-2023
    Business: Adv.Nitin Parkhe for plaintiff is present.
    Adv.Y.C.Naidu for defendant nos.1 to 3 is present.
    Matter is adjourned to 07.06.2023 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 07-06-2023
    
    Date: 07-06-2023
    Business: Adv. Mr. for the plaintiff is present.
    Adv. Mr. Shahzad Khajotia i/b Adv. Yogesh C. Naidu for defendant Nos. 1 to 3 is present.
    Adjourned for NM Order to 10.07.2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 10-07-2023
    
    Date: 10-07-2023
    Business: None present for the plaintiff.
    Adv. Mr. Yogesh Naidu for defendant Nos. 1 to 3 is present.
    Matter is adjourned to 11.08.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-08-2023
    
    Date: 11-08-2023
    Business: Adv. Mr. Nitin Parkhe for the plaintiff is present.
    Adv. Mr. Siddhiqui for defendant is present.
    Matter is adjourned to 06.10.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-10-2023
    
    Date: 06-10-2023
    Business: Adv. Mr. Nitin Parkhe for the plaintiff is present.
    Adv. Mr. Yogesh Naidu for defendant No. 2 is present.
    Matter is adjourned to 07.11.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-11-2023
    
    Date: 07-11-2023
    Business: Adv. Mr. Nitin Parkhe for the plaintiff is present.
    Adv. Mr. Yogesh Naidu for defendant no.2 is present.
    Adjourned for NM Hearing to 14.12.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-12-2023
    
    Date: 14-12-2023
    Business: Adv. Mr. Nitin Parkhe for the plaintiff is present.
    Adv. Mr. Yogesh Naidu for defendant Nos. 1 to 3 is present.
    Heard arguments of both the sides on NM No. 3956/2019.
    Matter is adjourned to 22.01.2024 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 22-01-2024
    
    Date: 22-01-2024
    Business: None for plaintiff.
    Adv. Mr.A.B.Seth for defendant no.1 to 3 is present.
    F.R.S.R. the following Order is passed on NM No. 3656 OF 2019.
    -O R D E R-
    1.  Notice of Motion No.3956 of 2019 in Suit No.2402 of 2016 is
         hereby dismissed.
    2.  Notice of Motion No. 3956 of 2019 is disposed of accordingly.
    Nature Of Disposal: DISMISSED
    Disposal Date: 22-01-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 111779/2019
    Filing Date: 24-10-2019
    First Hearing Date: 06th February 2020
    Decision Date: 22nd January 2024
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    22 Jan 2024

    Order Details: Notice of Motion Pdf Text: ..1.. MHCC010109342019 Presented on : 24/10/2019 Registered on : 24/10/2019 Decided on : 22/01/2024 Duration : 04 Ys 02 Ms 29 Ds IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.3956 OF 2019 IN SUIT NO.2402 OF 2016 (CNR NO.MHCC01-010934-2019) M/s. Kannamwar Nagar 2 Grahak Sahakari Bhandar Maryadit Co-operative Society ).. Plaintiffs V/s. M/s. M.S. Enterprises & others ).. Defendants Appearances :- Ld. Adv. Nitin Parkhe for plaintiffs. Ld.…

    Read Full Order

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